If you are no longer married to
your spouse, or if you have been battered or abused by your spouse, you can
apply to waive the joint filing requirement. In such cases, you may apply to
remove the conditions on your permanent residence any time after you become a
conditional resident, but before you are removed from the country.
If your child received conditional
resident status within 90 days of when you did, then your child may be
included in your application to remove the conditions on permanent residence.
Your child must file a separate application if your child received conditional
resident status more than 90 days after you did.
Who is Eligible?
You may apply to remove your conditions on permanent residence if:
-
You are still married to the same
U.S. citizen or lawful permanent resident after two years (your children may
be included in your application if they got their conditional resident status
at the same time that you did or within 90 days).
-
You are a child and cannot be
included in the application of your parents for a valid reason.
-
You are a widow or widower of a
marriage that was entered into in good faith.
-
You entered into a marriage in good
faith, but the marriage was ended through divorce or annulment.
-
You entered into a marriage in good
faith, but either you or your child were battered or subjected to extreme
hardship by your U.S. citizen or lawful permanent resident spouse.
-
The termination of your conditional
resident status would cause extreme hardship to you.
Please see
USCIS Form I-751 (Petition to Remove the
Conditions on Residence) for more specific eligibility
requirements.
What if I am Late in Applying to Remove the Conditions on Residence?
If you fail to properly file the Form I-751 (Petition to Remove the
Conditions on Residence) within the 90-day period before your second anniversary
as a conditional resident, your conditional resident status will automatically
be terminated and the Service will order removal proceedings against you. You
will receive a notice from the Service telling you that you have failed to
remove the conditions, and you will also receive a Notice to Appear at a
hearing. At the hearing you may review and rebut the evidence against you. You
are responsible for proving that you complied with the requirements (the Service
is not responsible for proving that you did not comply with the requirements).
The Form I-751 can be filed after the 90-day period if you can prove in writing
to the director of the Regional Service Center that there was good cause for
failing to file the petition on time. The director has the discretion to approve
the petition and restore your permanent resident status.
How Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your
residence, you may request a waiver of the joint filing requirement. You may
request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
-
Your deportation or removal would
result in extreme hardship
-
You entered into your marriage in
good faith, and not to evade immigration laws, but the marriage ended by
annulment or divorce, and you were not at fault in failing to file a timely
petition.
-
You entered into your marriage in
good faith, and not to evade immigration laws, but during the marriage you
were battered by, or subjected to extreme cruelty committed by your U.S.
citizen of legal permanent resident spouse, and you were not at fault in
failing to file a joint petition.
Please see USCIS Form I-751 (Petition
to Remove the Conditions on Residence) for more specific information on waivers.
Will I Get a Work Permit?
As a legal permanent resident, you should have received a permanent resident
card. This card will continue to prove that you have a right to live and work in
the United States permanently. If you file your USCIS Form I-751 (Petition to
Remove the Conditions on Residence) on time, the USCIS will extend your
conditional resident status for up to 12 months while your Form I-751 petition
is under review.
How Can I Check the Status of My Petition?
To check the status of your petition, please contact the USCIS office that
received your petition. You should be prepared to provide the USCIS staff with
specific information about your petition.
How Can I Appeal?
If your application to remove the conditions on your permanent residence is
denied, you will receive a letter that will tell you why the application was
denied. The process to remove you from the country will begin as soon as your
application is denied. You will be allowed to have an immigration judge review
the denial of your application during removal proceedings. During this review,
USCIS must prove that the facts on your application were untruthful and that your
application was properly denied. If the immigration judge decides to remove you
from the country, you may appeal this decision.
Generally, you may appeal within 33 days after the immigration judge decides to
remove you from the country. After your appeal form and a required fee are
processed, the appeal will be referred to the Board of Immigration Appeals in
Washington, D.C.